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Swayam

Conflict Management through Mediation

National Law School of India University and NPTEL via Swayam

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Overview

ABOUT THE COURSE: With the growth in the number of disputes, there has been a huge pendency of cases in the Courts. As per the National Judicial Data Grid, there are 1,08,53,639 pending civil cases and 70.19% of them are 1 year old. Hon’ble Chief Justice of India D Y Chandrachud, also said that courts in India are “extremely burdened” and “desperately congested”, and given the alarming rate of high pendency of cases, dispute resolution mechanism like mediation is an important tool. Hence, to do away with it and to avoid tedious court process, mediation is seen as the emerging trend lately. It offers the settlement of dispute outside the Court premises and provides for an equally feasible solution to the parties. The Hon’ble Supreme Court of India while recognizing the importance of mediation, Hon'ble the Chief Justice of India set up the Mediation and Conciliation Project Committee (MCPC) in 2005 for encouraging amicable resolution of disputes pending in the courts in accordance with Section 89 of the Code of Civil Procedure. The impact of mediation has been so signification in the field of dispute settlement, which is evident from the statistic provided on the Supreme Court website. The number of mediation centres in India: 839; No. of Cases referred to the centres since inception (Upto June, 2015) : 9,37,995: Settled: 3,36,455 and Connected cases: 38,764. The course will enlighten the viewers about the very concept of mediation from the root level and its importance. All the essentials which one need to know regarding mediation are covered in the course like conflicts, the procedure of mediation, its stages and all allied legislations to it. Today, a large number a people have successfully resolved their dispute via mediation. Mediation can overturn a conflict situation to a win-win situation and hence will be relevant for every industry, business professionals, government officials, civil servants, academicians, students, of all allied fields. The learners of the course will be able to understand and appreciate the basic principles of mediation and the law relating to public procurement and tendering.INTENDED AUDIENCE: Students, Government Officers, Administrators, Business Professionals and othersINDUSTRY SUPPORT: Mediation is a skill which provides a friendly environment in all industry/ trade and Business activity as a dispute may arise in any sector. Therefore, the course will be relevant for every industry, business professionals and associations like banking, people engaged in delivering goods and services, government officials, civil servants, academicians, students, Consumer Commission, UPSC Aspirants and people of all allied fields to tackle a conflict situation to a win-win situation.

Syllabus

Week 1: Introduction- Basic Introduction- Historical Perspective and Evolution in India- Legal Recognition of Mediation in India- Conflict and Conflict Management (Relevant Case Laws)Week 2: Concept of Mediation- Basic Principles of Mediation- Types of Mediation- Advantages of Mediation (Relevant Case Laws)Week 3: Comparison of Judicial Process and Various ADR Processes- A comparative Analysis of Judicial Process with modes of Alternate Dispute Resolution like Arbitration, Mediation, Conciliation, Negotiation and Lok Adalats.- Illustrations to understand the difference and identify suitable conditions for ADR.Week 4: Process of Mediation- Pre-litigation Mediation- Post-litigation Mediation- Stages of Mediation- Challenges(Relevant Case Laws)Week 5: Mediators- Role of Mediators- Ethics- Communication in Mediation(Relevant Case Laws)Week 6: Mediation under Consumer Protection Act, 2019- Introduction of the Mediation under Consumer Protection Act, 2019- Chapter V- Mediation- Consumer Protection (Mediation) Rules, 2020- Consumer Protection (Mediation) Regulations, 2020 (Relevant Case Laws)Week 7: Mediation under other related laws- Mediation under the Commercial Courts, 2015, Family Court Act, 1984, the Banking Ombudsman Scheme, 2006 and the Companies Act, 2013- The Mediation Bill, 2021- United Nations Convention on International Settlement Agreements Resulting from Mediation, 2018 (the "Singapore Convention on Mediation")- Online Mediation including ODR Report- ODR Policy of NITI Aayog (Relevant Case Laws)Week 8: Drafting and Enforcement- Enforcement of Mediation Outcome- Drafting Mediation Settlement

Taught by

Prof. Ashok R. Patil

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